Canada’s Red Flag Laws

A legal option when someone may cause harm

Canada recently introduced Red Flag Laws to help prevent firearm- and weapon-related harm before it happens.

These laws allow a judge to temporarily prohibit someone from possessing firearms or other weapons, or to restrict their access to another person’s firearms, when there are serious safety concerns.

Red Flag Laws may be relevant when someone is likely to harm:

their current or former partner
a family member
another person
themselves

These orders are meant to reduce immediate danger and create time for longer-term safety planning. They are not criminal charges and do not automatically create a criminal record.

If someone is in immediate danger, call 911.

Why this matters in Lanark County

Firearms may be present in rural homes for hunting, farming, sport, recreation or employment. Most firearm owners store and use their firearms responsibly. However, when threats, coercive control, stalking, escalating violence or a crisis are present, access to firearms can significantly increase the risk of serious harm.

Statistics Canada reported 1,096 victims of police-reported intimate partner violence involving a firearm in 2024.Since 2009, 85% of victims of firearm-related intimate partner violence have been women and girls. Shooting was the cause of death in 294 intimate partner homicides between 2009 and 2024, and 91% of those killed were women and girls.

Statistics Canada also found that the average rate of firearm-related intimate partner violence from 2020 to 2024 was 31% higher than it was from 2015 to 2019.

Firearms do not have to be discharged to create fear or danger. They may be displayed, referenced in threats, used to intimidate someone or made part of a wider pattern of coercive control.

What are Red Flag Laws?

“Red Flag Laws” is a plain-language term for two emergency court orders under Canada’s Criminal Code:

an Emergency Prohibition Order
an Emergency Limitations on Access Order

Any person may apply for either type of order. The application is made to a provincial court judge.

You do not need to be the person directly at risk. An applicant could be:

a survivor of violence
a family member
a friend
a neighbour
a support worker
a service provider
another concerned member of the community

You do not need a lawyer to apply, and you do not have to ask police to make the application for you. Support from a lawyer, victim-service organization or anti-violence agency may still be helpful when deciding what option is safest.

The two types of Red Flag Orders

Emergency Prohibition Order

An Emergency Prohibition Order may be made when a judge believes that allowing someone to possess firearms, ammunition or certain other weapons would create a safety risk to that person or someone else.

The order may temporarily prohibit the person from possessing:

firearms
crossbows
prohibited or restricted weapons
prohibited devices
firearm parts
ammunition
prohibited ammunition
explosive substances

Firearms, licences and related items may be surrendered or removed while the order is in effect.

An Emergency Prohibition Order can last for up to 30 days. A judge may also schedule a hearing to consider a longer-term prohibition order, which may last for up to five years.

Emergency Limitations on Access Order

An Emergency Limitations on Access Order works differently.

It may be used when a person is already prohibited from possessing firearms or other weapons but could still access firearms belonging to someone else—for example, a partner, relative, roommate or another person in the same home.

A judge may place conditions on how that other person stores or uses their firearms. The conditions must be the least intrusive measures that can reasonably protect people from harm.

For example, the court might require firearms to be stored somewhere else temporarily. If there is no safe way to prevent access, the court may order that the firearms or related items be removed for the duration of the order.

An Emergency Limitations on Access Order may also last for up to 30 days and may lead to consideration of longer-term restrictions.

When might a Red Flag Order be considered?

Every situation is different. A Red Flag Order may be one possible option when there are concerns such as:

threats to harm or kill someone
threats involving firearms or other weapons
escalating intimate partner or family violence
stalking, harassment or coercive control
increasingly frightening or unpredictable behaviour around weapons
access to firearms during a separation or family-law dispute
previous incidents of violence
statements indicating that someone may harm themselves or others
a person who is prohibited from possessing firearms having access to someone else’s firearms

A crime does not have to have already occurred before someone applies.

However, the applicant must give the judge information explaining why the order is needed. Judges do not grant these orders automatically.

What information could support an application?

The court may consider different kinds of information, including:

details about threats, intimidation or violent incidents
evidence that the person possesses or can access firearms
previous police involvement
stalking or harassment
escalating conflict or coercive control
messages, emails or voicemails containing threats
photographs or other documentation
observations from witnesses
statements about harming someone
information about an existing weapons prohibition
information about firearms stored in a shared home

You do not have to prove with certainty that violence will happen. The purpose of the process is to assess risk and determine whether an emergency order is needed for protection.

What happens during the application process?

The process will generally include the following steps.

1. An application is made

The applicant contacts their local provincial court and completes the required application.

The application should explain:

who may be at risk
why there are safety concerns
what firearms or other weapons may be involved
what supporting information is available
whether privacy protections are needed

2. A judge reviews the information

A judge considers the application and the available evidence.

Red Flag applications are generally made ex parte. This means the person the application is about is not notified in advance and is not present at the initial hearing.

3. The judge makes a decision

If the judge is satisfied that an order is necessary to protect someone without delay, the order may take effect immediately.

If the order is not granted, the person the application was about is generally not notified that the application was made.

4. The order is enforced

If an Emergency Prohibition Order is granted, police may remove firearms, licences and other covered items, or the owner may be directed to surrender them.

If an Emergency Limitations on Access Order is granted, restrictions may be placed on how someone else’s firearms are stored or accessed.

5. Longer-term restrictions may be considered

A judge may schedule another hearing to consider a longer-term order.

The person subject to an order may also apply to have it cancelled or changed before it expires.

Will the person know who applied?

The person the application is about is not present at the initial hearing and is not notified unless an order is granted.

However, an applicant’s identity is not necessarily protected automatically throughout every stage of the process.

Applicants can ask the judge for protections such as:

removing identifying information from documents
limiting access to court records
restricting the disclosure of sensitive information
closing the hearing to the public and media
protecting information that could identify the applicant or another person at risk

Privacy protections are important, but they do not replace safety planning. Anyone concerned that applying could increase their risk should consider speaking with an anti-violence organization, victim-services worker or lawyer before proceeding when it is safe to do so.

Does a Red Flag Order create a criminal record?

A Red Flag Order is not a criminal charge and does not, by itself, create a criminal record.

However, failing to follow a court order may result in criminal consequences. Public Safety Canada notes that a criminal record could result if someone breaches an order and is convicted of that offence.

What if an order is not granted?

A judge’s decision not to grant an order does not necessarily mean that the risk is not real.

An order might not be granted because:

the legal test was not met
there was not enough information available
the judge decided that the order was not required for immediate protection
another response appeared more appropriate

Other possible steps may include:

contacting police if danger is immediate or increasing
developing or updating a safety plan
seeking emergency shelter or community support
asking about a peace bond
exploring a restraining order through family court
obtaining independent legal advice
speaking with victim services
reporting firearm-safety concerns to the appropriate authorities

No one legal tool is suitable for every person or every situation.

How are Red Flag Orders different from Peace Bonds and Restraining Orders?

These options may overlap, but they do different things.

Red Flag Order

A Red Flag Order focuses primarily on the possession of or access to firearms and other specified weapons.

It may:

temporarily prohibit someone from possessing weapons
limit access to another person’s firearms
result in firearms, licences or other items being removed
be granted without the other person attending the initial hearing
last up to 30 days and potentially lead to longer restrictions

Peace Bond

A peace bond is a court order under the Criminal Code that may be considered when someone reasonably fears that another person will cause harm.

A peace bond may require someone to:

keep the peace and be of good behaviour
have no contact with a particular person
stay away from certain places
follow restrictions involving firearms or other weapons

Breaking a peace bond can result in criminal charges.

Peace bonds generally address a person’s behaviour and conditions more broadly, rather than focusing only on immediate firearm access.

Restraining Order

A restraining order is generally a civil or family-law order.

It may be used to:

limit or prohibit contact
require someone to stay away from a home, workplace or school
create separation between people
support safety during a separation, parenting dispute or family-court proceeding

Eligibility and processes for restraining orders depend on the relationship and the applicable family-law rules.

Can more than one legal tool be used?

Yes. Depending on the circumstances, a person may use more than one legal or civil option.

For example:

a Red Flag Order may address immediate access to firearms
a restraining order may limit contact
a peace bond may impose conditions on behaviour, locations and weapons
police may use separate powers to remove firearms in a high-risk situation

These tools may support one another, but none can guarantee safety.

Red Flag Orders are only one part of safety planning

Removing access to firearms can reduce one source of danger, but it cannot end abuse, stalking, coercive control or violence on its own.

A wider safety plan may also include:

emergency shelter
police intervention
confidential support
transportation planning
legal advice
victim services
counselling
planning for children, pets and dependants
identifying trusted people or safe places
finding private ways to communicate
preparing for the end or expiry of an order

A safety plan can be helpful whether someone is leaving, preparing to leave or remaining in a relationship.

[Link: Learn more about safety planning in rural communities]

Rural safety considerations

People living in rural communities may face additional barriers when seeking help.

These can include:

limited or no public transportation
long distances to shelters, courts, police or healthcare
unreliable phone or internet access
concerns about privacy in a small community
fewer nearby legal and support services
firearms being kept in the home for hunting, farming or sport
isolation from friends, family and other supports

These barriers may affect what feels possible or safe. They can also mean that someone needs additional time, transportation support or help accessing services privately.

No one should be blamed or pressured for the decisions they make while trying to stay safe.

Supporting someone you are worried about

If you are concerned about a friend, family member, neighbour or community member:

listen without judgement
take their concerns seriously
avoid pressuring them to leave or take legal action
respect their choices and pace
offer practical help with transportation, communication or appointments
help them connect with confidential support
consider your own safety
do not confront the person causing harm, particularly if weapons may be present

Anyone can apply for a Red Flag Order, but applying on someone else’s behalf should still be approached carefully and with attention to the affected person’s safety and autonomy.

Where to get help

You do not have to understand every legal option before asking for support.

Lanark County Interval House and Community Support provides free and confidential services for women and their children who are experiencing or have experienced abuse and gender-based violence.

We can help you:

talk through your concerns
understand possible warning signs
create a safety plan
explore available support and legal resources
access emergency shelter
connect with community services

24/7 Crisis and Support Line:
613-257-5960
1-800-267-7946

If a crime is happening now or someone is in immediate danger, call 911.

Frequently asked questions

Do I need a lawyer?

No. You do not need a lawyer to apply for a Red Flag Order.

Legal advice may still help you understand the process, possible risks and other available options.

Do I have to report the situation to police first?

No. Any individual can apply directly to the provincial court.

Police should still be contacted when there is immediate danger or urgent concern.

Is there a fee to apply?

Government guidance states that individuals can apply directly through their local provincial or territorial court. Confirm any local filing process with the courthouse before attending.

How long does an emergency order last?

An Emergency Prohibition Order or Emergency Limitations on Access Order may last for up to 30 days.

A judge may schedule a hearing to consider longer-term restrictions.

Can the order be renewed?

If an order expires and safety concerns remain, another application may be made. A judge may also initiate a process to consider a longer-term order.

Are firearms always removed?

Not necessarily.

An Emergency Prohibition Order may result in firearms and related items being removed or surrendered.

An Emergency Limitations on Access Order may instead impose conditions on how another person stores or uses their firearms. Removal may occur when access cannot otherwise be safely restricted.

Does an order guarantee safety?

No legal order can guarantee safety.

A Red Flag Order should be considered alongside safety planning, community support and other legal or emergency responses.

Important information

This page provides general public legal information. It is not legal advice and does not replace advice from a qualified lawyer.

Court processes, forms and available supports may change. Before applying, confirm the current requirements with the provincial court or an appropriate legal-support service.

Every survivor’s circumstances are different. The safest option for one person may not be the safest or most accessible option for another. Your safety, choices and autonomy matter.

Get Support

If you’re concerned about your safety or someone else’s, you don’t have to navigate it alone. Lanark County Interval House and Community Support offers free and confidential services for women and their children experiencing abuse and gender-based violence.

Explore our services:

Programs & Services
Safety Planning
24/7 Crisis & Support Line: 1-800-267-7946